H.R. 4763 · 118th Congress · House

Financial Innovation and Technology for the 21st Century Act

In Congress· Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Introduced
Jul 20, 23
Passed House
May 22, 24
Passed Senate
Pending
Sent to President
Pending
Signed into Law
Pending

Executive Summary

Financial Innovation and Technology for the 21st Century Act

This bill establishes a regulatory framework for digital assets.

The Commodity Futures Trading Commission (CFTC) must regulate a digital asset as a commodity if the blockchain, or digital ledger, on which it runs is functional and decentralized. The bill classifies a blockchain as decentralized if, among other requirements, no person has unilateral authority to control the blockchain or its usage, and no issuer or affiliated person has control of 20% or more of the digital asset or the voting power of the digital asset. In addition, the bill provides the CFTC with exclusive regulatory authority over cash or spot markets for digital commodities.

The Securities and Exchange Commission (SEC) must regulate a digital asset as a security if its associated blockchain is functional but not decentralized. However, the bill establishes certain exceptions to SEC regulation for digital assets that limit annual sales, restrict nonaccredited investor access, and satisfy disclosure and compliance requirements. The bill also sets forth requirements for primary and secondary market transactions.

The CFTC and SEC must jointly issue rules to define terms and exempt dually registered exchanges from duplicative rules.

 

Previous Versions

00Jul 20, 2023

Financial Innovation and Technology for the 21st Century Act

This bill establishes a regulatory framework for digital assets.

The Commodity Futures Trading Commission (CFTC) must regulate a digital asset as a commodity if the blockchain, or digital ledger, on which it runs is functional and decentralized. The bill classifies a blockchain as decentralized if, among other requirements, no person has unilateral authority to control the blockchain or its usage, and no issuer or affiliated person has control of 20% or more of the digital asset or the voting power of the digital asset. In addition, the bill provides the CFTC with exclusive regulatory authority over cash or spot markets for digital commodities.

The Securities and Exchange Commission (SEC) must regulate a digital asset as a security if its associated blockchain is functional but not decentralized. However, the bill establishes certain exceptions to SEC regulation for digital assets that limit annual sales, restrict nonaccredited investor access, and satisfy disclosure and compliance requirements. The bill also sets forth requirements for primary and secondary market transactions.

The CFTC and SEC must jointly issue rules to define terms and exempt dually registered exchanges from duplicative rules.

The bill excludes permitted stablecoins from CFTC and SEC regulation, except regarding anti-fraud authority and specified transactions on registered entities.

Action Timeline

33
  1. SEP 09, 2024IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

  2. MAY 22, 2024Floor

    Considered under the provisions of rule H

    Res. 1243. (consideration: H3419–3463)

  3. MAY 22, 2024Floor

    Rule provides for consideration of H.R

    4763, H.R. 5403 and H.R. 192. The resolution provides for one hour of debate on each bill. H.R. 4763 and H.R. 5403 are considered under a structured rule and H.R. 192 is considered under a closed rule. The resolution provides for one motion to recommit on each bill.

  4. MAY 22, 2024Floor

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1243 and Rule XVIII.

  5. MAY 22, 2024Floor

    The Speaker designated the Honorable Michael Guest to act as Chairman of the Committee.

  6. MAY 22, 2024Floor

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4763.

  7. MAY 22, 2024Floor

    DEBATE - Pursuant to the provisions of H

    Res. 1243, the Committee of the Whole proceeded with 10 minutes of debate on the Casar amendment No. 1.

  8. MAY 22, 2024Floor

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Casar amendment No

    1, the Chair put the question on agreeing to the amendment and by voice vote, announced that the noes prevailed. Mr. Casar demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  9. MAY 22, 2024Floor

    DEBATE - Pursuant to the provisions of H

    Res. 1243, the Committee of the Whole proceeded with 10 minutes of debate on the Pettersen amendment No. 2.

  10. MAY 22, 2024Floor

    DEBATE - Pursuant to the provisions of H

    Res. 1243, the Committee of the Whole proceeded with 10 minutes of debate on the Norman amendment No. 3.

  11. MAY 22, 2024Floor

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Norman amendment No

    3, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes prevailed. Ms. Waters demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  12. MAY 22, 2024Floor

    DEBATE - Pursuant to the provisions of H

    Res. 1243, the Committee of the Whole proceeded with 10 minutes of debate on the Perry amendment No. 4.

  13. MAY 22, 2024Floor

    POSTPONED PROCEEDINGS - At the conclusion of debate on the Perry amendment No

    4, the Chair put the question on agreeing to the amendment and by voice vote, announced that the ayes prevailed. Ms. Waters demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

  14. MAY 22, 2024Floor

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4763.

  15. MAY 22, 2024Floor

    The previous question was ordered pursuant to the rule.

  16. MAY 22, 2024Floor

    The House adopted the amendments en gros as agreed to by the Committee of the Whole House on the state of the Union.

  17. MAY 22, 2024Floor

    Passed/agreed to in House

    Roll Call #226

    On passage Passed by recorded vote: 279 - 136 (Roll no. 226). (text: CR H3432-3455)

    279Yea
    136Nay
    0NV
  18. MAY 22, 2024Floor

    On passage Passed by recorded vote

    Roll Call #226

    279 - 136 (Roll no. 226). (text: CR H3432-3455)

    279Yea
    136Nay
    0NV
  19. MAY 22, 2024Floor

    Motion to reconsider laid on the table Agreed to without objection.

  20. MAY 21, 2024Floor

    Rules Committee Resolution H

    Res. 1243 Reported to House. Rule provides for consideration of H.R. 4763, H.R. 5403 and H.R. 192. The resolution provides for one hour of debate on each bill. H.R. 4763 and H.R. 5403 are considered under a structured rule and H.R. 192 is considered under a closed rule. The resolution provides for one motion to recommit on each bill.

  21. MAY 06, 2024Committee

    Reported (Amended) by the Committee on Agriculture

    H. Rept. 118-484, Part I.

    118Yea
    484Nay
    0NV
  22. MAY 06, 2024Committee

    Reported (Amended) by the Committee on Agriculture

    H. Rept. 118-484, Part I.

    118Yea
    484Nay
    0NV
  23. MAY 06, 2024Committee

    Reported (Amended) by the Committee on Financial Services

    H. Rept. 118-484, Part II.

    118Yea
    484Nay
    0NV
  24. MAY 06, 2024Committee

    Reported (Amended) by the Committee on Financial Services

    H. Rept. 118-484, Part II.

    118Yea
    484Nay
    0NV
  25. MAY 06, 2024Calendars

    Placed on the Union Calendar, Calendar No. 401.

  26. JUL 27, 2023Committee

    Committee Consideration and Mark-up Session Held

  27. JUL 27, 2023Committee

    Ordered to be Reported (Amended) by Voice Vote.

  28. JUL 26, 2023Committee

    Committee Consideration and Mark-up Session Held

  29. JUL 26, 2023Committee

    Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 35 - 15.

    35Yea
    15Nay
    0NV
  30. JUL 20, 2023IntroReferral

    Introduced in House

  31. JUL 20, 2023IntroReferral

    Introduced in House

  32. JUL 20, 2023IntroReferral

    Referred to the Committee on Financial Services, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

  33. JUL 20, 2023IntroReferral

    Referred to the Committee on Financial Services, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Committees

7

Banking, Housing, and Urban Affairs Committee

ssbk00

Referred: Sep 9, 2024

Active

Financial Services Committee

hsba00

Referred: May 6, 2024

Active

Agriculture Committee

hsag00

Referred: May 6, 2024

Active

Agriculture Committee

hsag00

Referred: Jul 27, 2023

Active

Financial Services Committee

hsba00

Referred: Jul 26, 2023

Active

Agriculture Committee

hsag00

Referred: Jul 20, 2023

Active

Financial Services Committee

hsba00

Referred: Jul 20, 2023

Active